Iosync, LLC Terms of Service

Date of Last Revision: February 12, 2023

Welcome to our Terms of Service. These TERMS OF SERVICE (this “Agreement”) is made between Iosync, LLC (Provider) and you, or, if you represent an entity or other organization, that entity or organization (in either case “You”). “You” when used in this statement shall mean the customer of record, any users of the services and end users of any Access Device(s) using the services. For purposes of this Policy, any actions that provider may take with regard to your account and use of the Service may also be performed by a third-party service provider.

Iosync, LLC offers a service and any reference to “Services” or “Our Services” below incorporate our website, administrative website, mobile apps and the features that they provide. Additionally, any reference to “Community Management Company” refers to iosync’s client, the client’s community that the resident user lives at, or a staff member that works at our client’s community.

Iosync, LLC designed the services for the use by residents and the community staff. In order to use our services, you must comply with the following terms, in addition to all applicable policies set by your Community Management Company, as well as applicable local, state and federal laws.

By using this Service, you agree to these terms and conditions (“Agreement”) and the Acceptable Use Policy (AUP).  It is important that you carefully read these terms before using the services. These terms when accepted by you form a license (“License”) agreement between the provider and you (“User”) for the use of one or any or all of the Services.

If you violate any of the provisions of this Policy Provider may take action to restrict or terminate your access to the Service, including access to Provider Internet websites associated with the Service. Provider reserve the right, at their discretion, to update or revise this Policy, any other policy or statement on any Provider website, and any product offerings or programs described on any Provider website. Please check back periodically to review any changes to this Policy.

Use of the Service for any purpose that is unlawful, objectionable or in any manner, which could damage, disable, overburden or impair the operation of the Provider Network or the Service or any other party’s use or enjoyment of the Provider Network or the Service, is strictly prohibited.

Restrictions

You may not use the Service in a manner that violates federal, state or local laws and rules, or in a manner that interferes or could interfere with services provided to others or that could harm Provider facilities. Provider assumes no liability for use of its service by a minor. If Provider has reason to suspect unlawful use, abuse, fraudulent usage or interference in connection with the Service or the Service network, Provider may immediately, without notice or liability, deactivate or terminate the Service.

If you suspect fraudulent or unlawful use of your Service, please contact Provider immediately at (877-364-5907). Provider may temporarily refuse, limit, interrupt, or curtail your Service as necessary. Provider, or its authorized agents, shall make all repairs and modifications of the Provider network and systems. User agrees not to disturb, tamper with, reroute or in any way interfere with any component of the Provider network or systems. You agree to repay Provider any and all damages resulting from any tampering or modification of the Provider network or systems and the lost value of the Provider service, if any, plus reasonable costs and attorney’s fees incurred by Provider in enforcing this provision.

Specific Restrictions:

You may not, by use of the Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in Provider’s discretion:

  • Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks associated with the Service, or to probe, scan or test the vulnerability of a system or network associated with the Service.
  • Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems, networks or any information owned by another person or organization without the consent and permission of the person or organization or to probe, scan or test the vulnerability of a system or network of any other person or organization.
  • Interfere with Service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system, use of any system that contains a virus, malware or any other type of software or function that may harm or hinder the use of the service for any user.
  • Use the Service to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
  • Use the service in any way that causes harm or attempts to cause harm to minors, including but not limited to the possession or distribution of child pornography or other illegal materials.
  • Forge any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting or any other activity.
  • Falsify address information or otherwise modify e-mail headers to conceal the sender’s or the recipient’s identity.
  • Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another’s privacy, tortious, indecent, pornographic or inaccurate.
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Service;
  • Remove any copyright, trademark or other proprietary rights notice from the Service or materials originating from the Service;
  • Frame or mirror any part of the Service without our express prior written consent;
  • Create a database by systematically downloading and storing Our Service content; or
  • Resell or attempt to resell any aspect of the Service, whether for profit or otherwise.
  • Violates any copyright or any other intellectual property rights or laws.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
  • Solicit, harvest or collect personal information from any other user;
  • Intimidate, harass, or “stalk” another; or
  • Use the Service for any illegal or fraudulent purpose.

If you post any content to the Service, you agree not to place hyperlinks to, upload, post, transmit, share, store or otherwise make available:

  • Any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
  • Any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Any content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • Any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party (including without limitation rights of privacy and publicity), or that would otherwise create liability or violate any local, state, national or international law;
  • Any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
  • Any content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose your Community, Community Management Company or Iosync, LLC or its users or members to any harm or liability of any type.

Login and Account Credentials.

In order to use the services offered, you would need to have an account in the Iosync database by an authorized agent of your Community or Iosync, LLC. You agree to notify us immediately of any unauthorized use of your credentials and any other suspected breach of security regarding the App and Communication Services. Iosync, LLC and the Community Management Company are not liable for any loss or damage arising from the unauthorized use of your credentials.

Service Usage

You are solely responsible for all usage for the Service, whether or not you have authorized such usage. This Service is provided only for your use, and you may not resell, assign, or transfer your rights associated with the Service without prior written consent from Provider. The utilization of any data or information received, sent, posted or otherwise provided by or to the User from the utilization of the Services to be provided by Provider is at the sole risk and full responsibility of the User. Provider specifically disclaims and denies any responsibility for the content, completeness, accuracy or quality of information transferred or obtained through the services.

 Security

You are solely responsible for the security of any devices and the content of said devices that you or anyone authorized by you use with the Service. You are solely responsible for implementing protection from viruses, malware, unwanted and unauthorized intrusions or any other threat or potential threat associated with use of the service. Provider specifically disclaims and denies any responsibility for the security and protection of your devices and content of said devices.

Our Services Content.

All content on the Service, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, are the proprietary property of Iosync, LLC its users or its licensors with all rights reserved. You are granted a limited license to access and use our Services and solely for your personal use. Any use of the Service or the Service’s content other than as specifically authorized herein, without the prior written permission of Iosync, LLC is strictly prohibited and will terminate the license granted herein.

User Content.

As a registered user, you may submit content through the mobile app or web page while using our Service. You are solely responsible for any content that you upload, publish, display, or link to (hereinafter, “post”) on or through the Service, or transmit to or share with other users (“User Content”). Iosync, LLC and your Community Management Company have no ability to control User Content posted on the Service, but we reserve the right to modify or remove, at our discretion, any User Content posted by you to the Service. By posting User Content to any part of the Service and/or in any hyperlink you represent and warrant that you have obtained the necessary rights to post such User Content and such posting does not infringe any third party’s rights.

Third Party Content and Services.

Other users or third parties may make services or goods available through the Service. You understand that Iosync, LLC and your Community Management Company do not verify the qualifications of such users or third parties, nor do we evaluate or control in any ongoing manner exchanges between you and such third parties. Iosync, LLC and your Community Management Company cannot and do not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any other user.

You understand that you may be exposed to content that you find offensive to you, and that you use the Service at your own risk.

Please use caution and common sense when interacting with other users. By interacting with other users or third parties, you agree to accept the risks associated with such dealings and that Iosync, LLC and your Community Management Company (along with our and their respective officers, directors, agents, subsidiaries, joint ventures and employees) are not responsible for any and all acts or omissions of users on the Service.

Suspension, Termination.

If you violate any of the terms in this Agreement, Iosync, LLC may suspend or terminate your use of the Service. YOU AGREE THAT IOSYNC, LLC AND YOUR COMMUNITY MANAGEMENT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER CONTENT OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICE (OR ANY PORTION THEREOF). If your participation in or access to the Service is discontinued at any time, Iosync, LLC continue to use your User Content as set forth in these Terms.

Privacy Policy.

We care about the privacy of our users. Use of the Service is governed by our Privacy Policy, which is hereby incorporated into this Agreement by reference. By using our Service, you are consenting to have your personal data transferred to and processed in the United States.

Proprietary Rights.

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the Service or the collective work is prohibited without the express written consent of Iosync, LLC.

All contents on the Service (except User Content and the Community Management Company’s content) are Copyright © 2014 Iosync, LLC or our partners. All rights reserved. Iosync and the Iosync logo are trademarks of Iosync. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.

Modifications to or Discontinuation of Service.

Iosync, LLC reserves the right to modify or terminate the Service with or without cause at any time and effective immediately. Iosync, LLC shall not be liable to you or any third party for termination. Should you object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Our Services in any way, your only recourse is to immediately discontinue use of Our Services. Upon termination of Our Services, your right to use the Service immediately ceases. You shall have no right and Iosync, LLC will have no obligation thereafter.

Disclaimers.

Iosync, LLC is not responsible or liable in any manner for any User Content or Third Party Content linked to or posted on or through the Service or any hyperlink. Iosync, LLC does not monitor, control or have knowledge of any User Content transmitted through the Service and is not responsible for what users contribute to the Service or any hyperlink and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter as a result of the services offered by the Service or in connection with any hyperlink, User Content, or Third Party Content. Iosync, LLC and Your Community Management Company are not responsible for the conduct, whether online or offline, of any user of Our Services.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Iosync, LLC.

Third Party Systems Disclaimers.

Iosync, LLC may use third party systems for certain features and functionality within the Iosync Services. Notably, Rent Payment and the control of Smart Home devices are accomplished within the Iosync services via the integration to third party systems. Iosync is not responsible or liable in any manner for these third party systems. If you use the features of Iosync that use these third party systems, you may be required to agree to their specific terms and conditions required by these third party providers.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER.
  • USE OF THE SERVICE IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
  • YOUR USE OF ANY FUNCTIONALITY INCLUDED IN THE SERVICE EITHER BY IOSYNC OR A THIRD PARTY IS TAKEN AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES INCURRED.

Limitation of Liability.

Any Provider liability to the damages resulting from your use of the Service or unavailability of the Service is limited as set forth in this Agreement. Provider makes no representations and does not assume any legal liability or responsibility for the content, accuracy, completeness, or usefulness of any information or messages sent or received via the Service. Provider will not be responsible for any loss or damages arising out of the use of the Service, including damages resulting from personal injuries, death, or property damage. Neither Provider nor its suppliers of equipment, agents or authorized distributors of service are liable for any loss or damage whatsoever resulting from mistakes, network failure, unauthorized access to data, files or equipment, interruptions in service or delays in transmission. In no event shall you have any right to recover from Provider, or its equipment or service providers, agents or authorized distributors any indirect, special, punitive, incidental, or consequential damages, including but not limited to loss of profit or revenue, even if Provider has been advised of the possibility of such damages. Any Provider liability for direct damages arising out of any additions, omissions, interruptions, delays, mistakes, errors or defects in the transmission occurring in the course of furnishing the Service or facilities shall in no event exceed an amount that is equivalent to the charge for the Service during the period in which the fault in transmission occurs. Provider is not liable for any defacement of or damage to a User’s premises resulting from the furnishing of Service or the installation or removal of facilities and equipment, when such defacement or damage is not the result of the gross negligence of Provider. If such defacement or damage is the result of gross negligence by Provider, in no event will Provider be liable for more than the direct damage.

UNDER NO CIRCUMSTANCES SHALL IOSYNC, LLC OR THE COMMUNITY MANAGEMENT COMPANY BE LIABLE TO YOU ON ACCOUNT OF (i) ANY USER CONTENT, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR (iii) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF IOSYNC, LLC OR ITS LICENSORS OR THE COMMUNITY MANAGEMENT COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF IOSYNC, LLC AND COMMUNITY MANAGEMENT COMPANY OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $100. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity.

You agree to indemnify and hold Iosync, LLC, its subsidiaries and affiliates and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any Use of the System, any User Content, any Third Party Content you link to, post or share on or through the Service, your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation of this Agreement or of any law or the rights of any third party.

Entire Agreement.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

Any questions regarding these Terms and Conditions should be directed to: terms@iosync.us

Waiver and Severability of Terms.

The failure of Iosync, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Iosync, LLC If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Statute of Limitations.

You and Iosync, LLC agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.

Choice of Law and Forum.

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflict of law provisions. You and Iosync, LLC agree to submit to the exclusive jurisdiction of the courts of the State of North Carolina.

Modification.

We reserve the right to modify these terms from time to time, for any reason, without notice and such modifications will be made available on our Service. Use of our Service constitutes (1) acknowledgment by you of our modifications, and (2) an agreement by you to abide and be bound by these terms and their modifications.

Copyright Claims.

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement is:

By mail:
Copyright Agent
3208 Pennington Drive, Wilmington, NC 28405

By email at copyright@iosync.us

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Iosync, LLC at support@iosync.us. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

If you believe that content or a submission of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content or submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New Hanover County, North Carolina, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that the removed content may be replaced or no longer disabled in 10 business days.

Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

SmartThings Usage and Charges

In any case where SmartThings app is deployed to resident to control the experience, this section is to explicitly inform the resident/customer that SmartThings is not charging the resident for use of the free SmartThings app. Fees are associated with hardware and management of the Smart Apartment features made possible by Iosync or it’s partners.